Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-07-09
INFOR NATION |
....F0R....
OWNERS AND LOCATop,
....OF....
Es
APPLICATION FOR PATENT.

VAoAS PoRSAc hoNc OuCo u6ou nle6 Will
Register and Receiver they become a M,
the record, and can neither be withdrapw~n,
returned, but must be transmitted to tho ~
eral Land Office. os
An application will be rejected when ~.
scription OF the premises is erroneous or
Application for patent will be reiectsa
cause: 0ea
First The notice was published witbon.s
knowledge Of the Register.
~Second-The notice was not published !,
newspaper designated as published nesrsstsJ
claim.
Third-Record title was found defects.
and "'''OuN4
Fourth--A previous application had h..
made for the same premises, which was ws
drawn pending q suit in Court inner y
the adverse claimant.
An application for patent will be reie,s
when the survey does not accurately de6ns n.
boundaries OF thec claim.
Where the claim was not located in accom-
ance with law. wS
Where several parties own separate and A.
tinct portions Of q claim, application Nv y,
patent may be made by either for tn OF port"s
of the claim owned by him; but eso,s..l
parties own undivided interests in : uS S.s,
claim all should join in an application tas,
patent.
A person or association may purchase .
many placer locations as the local law admit.
and embrace them all in one application for
patent.
Two or more lodes cannot be embraced
one application for a patent except for plps
claims embracing W or more lodes with,
their boundaries
Papers sworn to before any person purpO.
ing to act as . deputy for the Register and R.
ceiver cannot De recorded as evidence.
In all patents for mining claims situsa,
within the interior boundaries of q town sp
q clause Is inserted "excepting and excludir,
all town property, rights upon the surface
and all houses, buildings, structures, loa1
blocks, streets, alleys or other municipal I'M
provements not belonging to the grantee hers
In, and all rights necessary or proper to d,
occupation, possession and enjoyment Of ID,
ssme."
Publication Of notice must be made n OM,
one newspaper for thep period Of 60 days.
Notice must be published 10 CONSECUTIVE
weeks In weekly newspapers, and in duly
newspapers 80 days must elapse between n.
first and last Insertions.
Where the Registerdesignates the daily issn
OF a newspaper for publication Of notices of
mining application for patent it is not q CON.
pliance with law to change to the weekly ed.
tton of the same paper without authority Of
theR Register.
The existence Of o salt spring on q tract Of
land withdrsws 1t from the operation of thu
homestead and presumption laws. A hearing
character of such land ia not allowed. Land
containing valuable deposits Of slate may bs|
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separate sndI
distinct claim against each application which
1t Ia alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once filed,
cannot be withdrawn, but becomes o part of ths|
record.
When an adverse claim has been filed 1t CAM
not be amended 80 as to embrace q larger p0rI
ton OF the promises than hat described in ths|
original adverse claim.
An adverse claim must be made out il
proper form and filed in the proper local ofAcs'
during the period Of publication of the applt
cation for the patent to be effective.
It Is the duty of the adverse claimant Il
suit in proper form within the rel
quired time, and if he trusts the uncerta1lI
medium of the United States mail he must
abide the consequences, should the delay
ensue, through misfortune CT accident. Should
the failure to suit be the result OIL
the corrupt or dishonest action of his attorney
wrong.
An adverse claimant should set forth in ds.|
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody|
ing conclusions Of law, without stating ths|
facts specially, will not be considered In owl.
dence.
An adverse claimant should show a compli.
ance with the local laws in recording his claim
and in regard to expenditures, and shall file q
copy Of the original notice of his location, and
show the nature or extent of the conflict
alleged.
An allegation of parties to a suit that they
compose the company Ia sufficient, and they
are not required to prove that they are The
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL
Where land is of little, If any value, for agrt
cultural purposes, but Is essential to the
proper development OF mining claims, 1t
should be disposed Of under the Mining Act.
Where lands containing valuable Mineral
deposits nave been included in an agricultural
entry, said entry will be Cancelled at any time
prior to Issuance of patent, upon satisfactory
evidence of the existence of such valuable de.
posits.
covered upon q tract after the same las been
entered as agricultural, but before / stent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be Cancelled TO
that portion of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
ceived in payment for claims.
ALIENS.
A foreigner may make a mining location
dispose Of 1t. provided he becomes q citizen
before disposing Of the mine. Proof that tho
party was not q citizen before disposing OF ha
claim must be afarmatively shown.
Locators and intermediate owners, othsf
than applicants, will not be presumed aliens,
In the absence Of allegation or objection prior
to ssuance Of patent.
The portion of q mining claim sold to an
alien cannot be patented while such owner Is
m allen; but on his declarations o become q
citizen his right dates back to his purchase,
aud he may %thereupon secure United States
patent for his claim.
GROSS LEDGEs.
Revised Statutes. Section 1886:
Where two or more lodges cross or ~intersecl
eacn otner, priority Of title shall govern, and
sucn prior location shall be entitled to all ore
or mineral contAined within the spaceof inter
secuon, put the subsequent location shall have
tne right OF way through the space of inter.
section Tor the purpose of the convenient
working OF the mine. And where two or more
VEINS unite the oldest or prior location shall
TAKE the vein below the point of union, In
cAud1ng all the space of intersection.
TUNNELS.
There Is nc authority of law for a tunnel
location 5000 by 1900 feet. A proper location
ID the width of the TUNE for 5000 feet.
There Is no provision Of law for p~atentins
tunnel locations, but lodes discovered in run.
I'M a TIM ~ = lA- .~n N